RESIDENTS awaiting compensation after a council was found guilty of maladministration are demanding to know why a strict local planning policy was ignored.

Last week a local government ombudsman report upheld complaints that a new housing development at the back of Brinkburn Drive approved by Darlington council in July 1999, did not comply with policy H11of the local plan referring to privacy.

But the council refuses to be drawn over the claims until officers have fully considered the report.

The investigation into the Baydale Croft development by Haslam Homes concluded that planning officers had failed to relay in a written report to committee members any residents' objections over the difference in land levels between their homes and the new homes.

As a consequence, the report states, fears were not adequately reported to or considered by members.

Some members have since said that they would have demanded a site visit or amendments to the plan if they were aware of the objections.

In order to comply with part of policy H11, planning officers must ensure that "the design and layout of new housing developments provide adequate privacy in rooms, gardens and other outdoor areas of the proposed dwellings and existing adjacent property".

Mrs Lynn Holmes, whose home is one of about ten affected by the new development, claims residents wanted answers.

She told the D&S Times: "If the councillors or the planning officers had visited the site, they would not have approved detailed planning permission because they would have seen these homes clearly contravened H11 policy.

"The new homes now sit on raised contaminated land at the back of ours and directly overlook our gardens, living rooms and bedrooms.

"Likewise we can see straight into their sloping gardens and rooms. How can this possibly comply with policy H11?

"We also want to know who rejected a site visit in April 1999 and why, and why we were not told of the contamination levels until three months after work began in December 1999."

Brinkburn Drive resident Mrs Hazel Richmond added: "If the new houses had been built at the same level as ours we would not have dreamed of taking the case to the ombudsman.

"Why were we constantly ignored? We have to live with their mistake not them,and it is blighting all our lives."

The council refused to publicly answer any of the questions until it had made a full investigation of its own.

A council spokesman said: "We are considering the findings of the report and now have three months in which to do so.